2.3 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.

2.4 If any amendments to this terms and conditions are required it is preferable that they be confirmed in writing.

2.5 Acceptance of delivery of Products shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

3. PRICES

3.1 The Price shall be as per the Seller’s Quotation, the Seller’s current list price, or if applicable published on the web site. Price estimates do not qualify to be a valid price declarations (due to the Seller’s nature of business, a legally binding price can only be ascertained once the product has undergone a first-time manufacturing process.

3.2 Should a product's price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund.

3.3 All Prices are exclusive of VAT, postage and carriage (plus VAT). These costs shall be paid in addition by the Buyer.

3.4 Payment must be made in full before dispatch of any Products.

3.5 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.

4. WARRANTY AND LIABILITY

4.1 The Seller warrants that the Products will at the time of delivery correspond to the description/illustration given by the Seller.

4.2 Claims for damages for defective manufacturing performance or other inadequate work performance done by the Seller is limited to 1 year following acceptance of the Products.

4.3 If the Buyer rectifies defects on Products himself or through a 3rd party, the Seller is released from any further claims for repairs, replacement, refund, or payment for any extra costs and expenses thereby incurred to the Buyer.

4.4 The Seller cannot be held responsible for damages due to improper handling or use of the Products and the possible loss of the products warranty agreement or validity due to the Seller’s applied manufacturing process.

4.5 The Seller is exempt of any claims for damages arising from mortal or physical injury or impairment of health or to damages arising from the violation of cardinal duties/ essential contractual obligations and/or in cases of willful intent or gross negligence on the part of the Seller or its employees. In all such cases the statutory liability for damages applies.

4.6 The Seller’s Products are manifold in their consistence, application, and use, however, they are not recommended for use with or around children or persons under clinical or nursing supervision. The Seller waives any claims for injuries to such persons inflicted by the Seller’s Products.

5. DELIVERY FROM THE SELLER

5.1 Product deliveries will be supplied as per Product Order confirmation.

5.2 The Seller will ship the Products according to shipping method instructions provided by the Buyer.

5.3 Where a specific delivery date has been agreed upon, and if this delivery date cannot be met, the Buyer will have to accept the new delivery date. If the Buyer fails to accept the new delivery date, no refund of any kind can be expected by the Buyer. Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.

5.4 Delivery of the Products shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.

6. OWNERSHIP AND RISK

6.1 The risk in Products shall pass to the Buyer upon delivery of the Products or upon the Products being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.

6.2 The Seller remains the owner of the Products affected by the Contract until the Seller has been paid in full for such Products.

6.3 The Buyer shall inspect the Products immediately upon receipt and shall notify the Seller within 10 working days of delivery receipt if the Products are damaged or do not comply with the contract Products. If the Buyer fails to do this he is deemed to have accepted the Products.

6.4 Any Products in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either

a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the Products, or b) at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Products are in fact defective, or c) a financial or material refund is agreed upon by both parties.

7. ORDER CANCELLATION

7.1 Order cancellations are accepted by the Seller if the order has not yet been confirmed and accepted in full by the Seller. An order confirmation will be in the form of a digital or printed document. 7.2 Order cancellations submitted to the Seller after order has been accepted and confirmed by the Seller may be accepted by the Seller and the Buyer may be charged a compensation fee for costs and expenses the order incurred.

8. PRODUCT RETURNS

a) Serviced Products

8a.1 Serviced Products cannot be refunded. The Buyer carries all responsibility and risks for the production outcome of Serviced Products.

b) The Seller’s Products

8b.1 No return Products will be accepted without prior notification to the Seller and with the Seller then giving his consent to a return.8b.2 Only Products in their original packaging with all and any parts included will be accepted by the Seller.8b.3 If it is agreed that Products can be returned the Buyer will be liable for cost of remedying any damage to the Products returned where such damage has, in the opinion of the Seller, been caused by the Products being inadequately packaged by the Buyer or through the Buyer’s fault. It is recommended the Products being return in their original transport packaging or similar.8b.4 The Seller reserves the right to make a handling and restocking charge of 25% on the Seller’s brand Products which are returned if they were ordered in error or are no longer required.

9. FORCE MAJEURE

In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver Products, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.

10. NO WAIVER

The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

11. LIABILITY

Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Products and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.

12. COMPLAINTS

12.1 Complaints about our Products and Services shall be declared to Seller immediately. The Seller will contact the Buyer as soon as possible and definitely within 48 hours of the knowledge of the complaint and aim to provide a resolution within 5 working days.

12.2 All complaints will be dealt with in a fair and confidential manner.

SPECIFICS

1. DIGITAL AND PRINTED ILLUSTRATIONS

For technical reasons digital and printed illustrations of the Seller’s Products and the services performed, together with other such illustrations, can only provide an approximate representation. In particular colors can differ considerably from those of the Products in reality.

2. THE BUYER’S COOPERATION

The Buyer agrees not to interfere with the activities of the Seller’s manufacturing processes and to assist the Seller should the need arise.

3. TERMINOLOGY

3.1 The Products. The Products presented on the Seller’s webpage, catalogue, and in affiliated retail outlets only represent a non-binding invitation to Buyers to submit an offer of purchase.

3.2 Offers. The agreement between the Seller and the Buyer is effected by the submission of an order by the Buyer for Serviced Products for one or more Products and a binding offer by the Seller proclaiming acceptance of such an order. Offers made by the Seller are valid for the duration of 2 months only.

3.3 Orders. The Seller can accept actual orders placed by the Buyer only if in written form, may this be in print or digital.

3.4 Receipt of Order. The Seller will confirm the receipt of the Buyer’s order without delay and by electronic means. This does yet not represent an order confirmation or acceptance of the order.

3.5 Order Confirmation. The Buyer’s order will be examined without delay by the Seller, who will notify the Buyer whether the order has been accepted. The order shall be deemed as rejected if it is not accepted by the Seller within a period of 10 calendar days. Acceptance by the Seller will be only issued by electronic confirmation of the order (e-mail).

4. TECHNICAL STAGES OF AN ORDER

4.1 Order for a Serviced Product: (a) Seller provides Buyer with a consultation per telephone/email/letter including an estimate price quote. (b) Buyer decides on the acceptance of the quote. (c) Order confirmation including the approximate lead time will be provided to the Buyer. (d) The Buyer transfers 50% of the total amount as down payment per wire transfer to the Seller’s bank account. (e) Product(s) will be manufactured within the allotted time frame. (f) The Seller issues a pro-forma invoice and sends it via email to the Buyer. (g) The Buyer transfers the total invoice amount per wire transfer to the Seller’s bank account. (h) Serviced sample Product(s) will be sent to the Buyer as per his shipping instructions once the payment has been registered on Seller’s bank account.

4.2 Production order: (a) Seller provides Buyer with a consultation per telephone/email/letter. (b) Buyer decides on acceptance of the quote. (c) The Seller issues a pro-forma invoice and sends it via email to the Buyer. (d) The Buyer transfers 50% of the Products total value as down payment per wire transfer to the Seller’s bank account. (e) The Seller manufactures the Product(s) according to the Buyers order. Email confirmation including the approximate lead time is submitted to the Buyer. (f) The Product(s) are manufactured within the allotted time frame. (g) The Buyer transfers the remaining amount per wire transfer to the Seller’s bank account. (h) Product(s) will be sent to Buyer as per his shipping instructions once the payment has been registered on Seller’s bank account.

LEGAL MATTERS

1. COPYRIGHTS/RIGHTS OF UTILIZATION

All copyrights, registered designs and other ancillary copyrights to the designs, drafts and other forms created by the Seller shall remain with the Seller. These designs may not be reproduced by any other party than the Seller to be used for commercial or industrial purposes in any form or manner.

The Seller reserves the right to photograph the Serviced Products he has manufactured and to make any other analogue and/or digital records or images of them to reproduce or distribute these or similar, or exploit them or similar in any other way, as well as to present and/or make them accessible, in particular for advertising purposes.

The Seller constantly endeavors to respect copyrights of others and to make use of Products that he has produced himself or which is not licensed. The content and Products placed on the Seller’s website enjoy the protection afforded by copyright and by other laws intended to safeguard intellectual property. Contributions by third parties are marked as such. Any reproduction, distribution and any kind of exploitation that is not covered by copyright requires the written approval of the respective originator. Downloads and copies of the Seller’s web pages are not permitted and need the Seller’s permission.

The Seller collects processes and uses personal data submitted by you only for hereto concerned business transactions. The data that the Buyer submits in the course of the business process will also be stored on the Seller’s computer. In all other respects the Seller only records, processes and uses the Buyer’s personal data if the Buyer expresses approval for the Seller to do so.

The Seller will not submit any personal details, including home and e-mail addresses, to third persons without the Buyer’s express approval, which can be withdrawn at any time. This does not apply to the Seller’s service partners, whom the Seller uses to process The Buyer’s orders (in particular the mail order firms and the financial institution appointed to process the payment), which require certain data (e.g. the Buyer’s address).

The Buyer may at any time request the Seller to send him the details of his stored data.

3. APPLICABLE LAW; LEGAL VENUE

3.1 Any contracts/agreements issued by the Seller shall be valid written in the English language only. Translations into other languages are for comprehensive purposes only.

3.2 Arising disputes between the Seller and the Buyer are subject to the law of the Kingdom of Thailand; the UN Convention on Contracts for the Sale of Products is not applicable.

3.3 Place of jurisdiction will be Chonburi/Thailand.

3.4 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.